152. The role played by political parties in oversight of electoral procedures
has also evolved. In the early days of representative democracy it was often
the political parties who participated in organizing elections (in the EMB)
and resolving electoral disputes (in the EDRBs). Their representatives served
as polling officials at the polling stations and in the entities that administered
the various phases of the election and resolved disputes, making the relevant
decisions. This active decision-making function with respect to the electoral
process has gradually been transformed into one of oversight and supervision
of the work entrusted to the electoral authorities, which in general they no
longer serve on – at least not with a right to vote, although several systems
still confer decision-making powers on them at various stages or provide that
they can have a seat on the relevant bodies.
a) EDR systems entrusted to a legislative body or another political
assembly
153. Some EDRSs vest the power of final decision on the validity of elections,
including any challenges brought, in the legislature, one of its committees
or some other political assembly. In the French tradition this has been called
‘verification of powers’ and in the US tradition ‘qualification or certification
of elections’.
154. This is the oldest type of EDR system. It is associated with the origin
of parliaments in the UK, even though by 1868 the British EDRS had been
entrusted to a regular court. Even though in their origins the legislature or
presumptive legislators may have certified or judged the election of their
respective members, the advent of presidential elections in several countries
meant that final jurisdiction for certifying an election result was also
entrusted to political assemblies (in bicameral systems, this was often done
in a joint session of the two chambers). An EDRS entrusted to a political
assembly was adopted in France from the Estates General (États-Généraux)
in the 18th century until the 1958 constitution. In the United States it was
established by the 1787 constitution. Entrusting the EDRS to legislative
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5. A general classification of EDR systems
political negotiation that are often found when an EDRS is entrusted to
legislative organs or political assemblies. This trend even holds in the EDR
systems that still confer the power of final decision on the legislature or one
of its chambers (as in the United States or Italy), so long as they provide for
prior challenges before judicial organs: this probably makes it difficult for the
legislative body, which is political in nature, to overturn a judicial decision.
Another indicator of this trend is that some of the members of EMBs are
often required to come from the judicial branch, or are appointed in a similar
fashion to judges with the same requirements demanded of them, or are given
conditions of employment that are equivalent to those of the highest-ranking
members of the judiciary.